Opinion
570343/11
02-16-2012
Darryl Romanoff, Plaintiff v. Extell Belnord, LLC, Defendant-Respondent.
PRESENT: , J.P., Torres, Hunter, Jr., JJ
Plaintiff appeals, as limited by his brief, from so much of an order of the Civil Court of the City of New York, New York County (Kathryn E. Freed, J.), entered December 15, 2010, which denied his motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the second and third causes of action of the complaint.
Per Curiam.
Order (Kathryn E. Freed, J.), entered December 15, 2010, affirmed, with $10 costs.
Civil Court properly granted summary judgment dismissal of plaintiff-tenant's claims for attorneys' fees and treble damages in connection with the (ultimately refunded) rent overcharges. Defendant-landlord's showing that its collection of rent was in accordance with then valid DHCR orders authorizing an increase in the maximum base rent was sufficient to rebut any presumption of willfulness (see Haberman v Hawkins, 275 AD2d 287 [2000]; Matter of Round Hill Mgt. Co. v Higgins, 177 AD2d 256, 258 [1991]), and this "notwithstanding that subsequently such ... order[s] ... [were] rescinded" (see New York City Rent Control Law [Administrative Code of City of NY] § 26-413[3][e]; New York City Rent and Eviction Regulations [9 NYCRR] § 2206.10[d]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
I concur